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· 7/28/1993

Melinda C. Frank v. Howard R. Relin, Individually and in His Official Capacity as the Monroe County District Attorney

Citations

  • 1 F.3d 1317
  • 1993 U.S. App. LEXIS 19751

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that courts give leeway in reading under which capacity a governmental defendant is sued
  • reversing grant of summary judgment for defendants where motivation for firing \clearly involved disputed questions of fact\
  • reversing grant of summary judgment for defendants where motivation for firing “clearly involved disputed questions of fact”
  • reversing grant of summary judgment for defendants where decision to fire “clearly involved disputed questions of fact”
  • looking beyond the “doctrinal confusion displayed by [plaintiff’s] memorandum” and focusing on plaintiff’s arguments to determine whether plaintiff should be given opportunity to pursue official-capacity claim
  • “the real party in interest in an official capacity suit is the governmental entity and not the named official”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Feinberg, Kearse

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.